Guidelines for filing statutory applications under section
58A(8) of the Companies Act, 1956
An application
submitted under section 58A (8) of the Companies Act, 1956 should be in
accordance with the Companies (Application for Extension of Time or Exemption
under sub-Section (8) of section 58A) Rules, 1979 and be accompanied by the
following:-
1. Original newspaper clippings of the public Notices published
in English and vernacular language of the region in which registered office of
the company is situated in the manner specified in Form 2 appended to the
Rules.
2. Certified copy of Resolution of the Board of Directors
approving the proposal of the company.
3. Copy of previous approval/order, if any, obtained under
section 58(A) from the Central Government granting exemption/extension of time
during last ten years.
4. Certificates from the statutory Auditors:
(a) to the
effect that the company has not contravened any other provisions of section 58A
of the Companies Act, 1956 and the Companies (Acceptance of Deposits) Rules,
1975 except those for which the application is submitted.
(b) To the
effect that the deposits held by the company are within limits and that no
contravention of the provisions of section 58A of the Companies Act, 1956 and
the Companies (Acceptance of Deposits) Rules, 1975 exists at present.
5. Deposit position of the company as at 31 st
March during the current year and the past two years showing the details as
under:-
6. One copy
each of the advertisement issued in newspapers pursuant to Rule 4 of the
Companies (Acceptance of Deposits) Rules,1975.
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